3-IFB4364 - Contract MoDOT format.pdf

March 2025

TAP-3101 (508)

City of Jefferson

320 E. McCarty Street Jefferson City, MO 65101

REQUEST FOR BID

BID OF

Bidder Name________________________________________________________

Bidder Address______________________________________________________

FOR

CONSTRUCTING OR IMPROVING

A ten foot wide concrete pedestrian/bicycle trail along the eastern side of Bolivar Street including retaining walls, curb and gutter, concrete pavement, and commercial drive approaches.

The 200 through 600 blocks of Bolivar Street Jefferson City, Missouri

ADVERTISEMENT FOR BIDS

Bolivar Street Sidepath

Notice to Contractors

Sealed bids for the Bolivar Street Sidepath, TAP-3101 (508), will be received at: City of Jefferson, 320 E.

McCarty Street, Jefferson City, MO until 1:30 O’clock P.M. (Prevailing Local Time) on the 9th day of April 2026, at the office of the Purchasing Agent, and at that time will be publicly opened and read. All bids shall be submitted electronically at https://jeffersoncitymo.bonfirehub.com.

The proposed work includes: the furnishing of all material, labor, and equipment to construct a 10-foot-wide concrete trail along the eastern side of Bolivar Street from just north of Missouri Boulevard to W. Main Street including the construction of the concrete trail, curb and gutter, concrete pavement, commercial drive approaches and driveways, a modular block retaining wall, monolithic toe walls, pedestrian guard railing, pedestrian warning lights and signs, pavement marking, grading, and other ancillary construction.

Plans and specifications may be found at https://jeffersoncitymo.bonfirehub.com.

A pre-bid conference will be held at 11:00 A.M. on the 31st day of March 2026 in the Thomas Jefferson Conference Room of City Hall, 320 E. McCarty Street, Jefferson City, MO 65101. All bidders are encouraged to attend the pre-bid meeting.

All labor used in the construction of this public improvement shall be paid a wage no less than the prevailing hourly rate of wages of work of a similar character in this locality as established by the Department of Labor and Industrial Relations (Federal Wage Rate), or state wage rate, whichever is higher.

The City of Jefferson hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, businesses owned and controlled by socially and economically disadvantaged individuals will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, creed, sex, age, ancestry, or national origin in consideration for an award.

Contractors and sub-contractors who sign a contract to work on public works projects provide a 10-Hour OSHA construction safety program, or similar program approved by the Department of Labor and Industrial Relations, to be completed by their on-site employees within sixty (60) days of beginning work on the construction project.

Section 102.2 of the Missouri Standard Specification for Highway Construction will be waived for this project.

A bid bond in the amount of 5% shall be submitted with each proposal.

The City of Jefferson reserves the right to reject any or all bids.

The project will be awarded to the lowest, responsive, responsible bidder.

The DBE Goal for this project is 0.0%.

No 2nd tier subcontracting will be allowed on this project.

BIDDER CHECKLIST

FINAL CHECKLIST BEFORE SUBMITTING BID

1. The complete set of bidding documents includes all information through the DBE forms (for DBE forms see #6). The Technical Specifications/Job Special Provisions are for the bidder’s information only and is not to be returned with the bid.

2. Please read all items in the bidding document carefully.

3. Sign this bidding document properly. If submitted in the name of a firm or corporation, the legal name of the firm or corporation should appear in the space designated, and be signed for by one or more persons legally qualified to execute papers in the name of said firm or corporation. Affix Corporate Seal if the Bidder is a Corporation.

4. Submit a bid bond executed by bidder and surety.

5. Submit the Bidder’s List Quote Summary form with the bid.

6. Submit the DBE Submittal Forms within 3 business days of the Bid Opening. The DBE Identification Submittal Form (Page 2 of this document) must be submitted for each DBE to be utilized on the project. Any DBE’s submitted as regular dealers/distributors must have an accompanying DBE Regular Dealer/Distributor Affirmation Form.

7. The bidder shall return all addenda along with the documentation associated with their issuance. The bidder should retain a duplicate copy.

Below is a list of common mistakes made by bidders leading to non-responsive bids. Please refer to the Standard Specifications for the appropriate procedures for completing and submitting a bid.

a) Not signing the bid

b) Not incorporating the addendum into the bidding documents, including attaching the letter to the bid

c) Not providing a bid bond

d) Using pencil to fill out the bid

e) Using white out to make corrections to the itemized bid sheets

f) Not initialing changes made

g) Not affixing corporate seal

All questions concerning the bid document preparation can be directed to the City of Jefferson at 573-634-6433. Project specific questions can be directed to David Bange, P.E. at dbange@jeffersoncitymo.gov or by phone at 573-634-6433.

Special Needs: If you have special needs addressed by the Americans with Disabilities Act, please notify the ADA Coordinator, at 573-634-6570 or through Missouri Relay System, TDD 1-800-735-2966, at least five (5) working days prior to the bid opening.

TABLE OF CONTENTS

Notice to Contractors

Proposed Work ........................................................................................ (1)

Compliance With Contract Provisions ..................................................... (2)

Period of Performance ............................................................................. (3)

Liquidated Damages ................................................................................ (4)

Bid Guaranty ............................................................................................ (5)

Certifications for Federal Jobs ................................................................. (6)

Antidiscrimination ................................................................................... (7)

Federal and State Inspection .................................................................... (8)

Prevailing Wage ....................................................................................... (9)

Worker Eligibility Requirements ............................................................. (10)

OSHA Training Requirements ................................................................. (11)

Buy America Requirements ..................................................................... (12)

Addendum Acknowledgement ................................................................. (13)

Signature and Identity of Bidder .............................................................. (14)

Trainees .................................................................................................... (15)

Subcontractor Disclosure ......................................................................... (16)

Project Award .......................................................................................... (17)

Materials Inspections…………………………………………………….(18)

Prime Contractor Requirements ............................................................... (19)

Tax Exempt Status ................................................................................... (20)

Itemized Bid Sheets

Bid Bond

Bidder’s List Quote Summary Form

DBE Identification Submittal

DBE Provisions

General Provisions

Job Special Provisions

Form FHWA 1273

Federal Aid Provisions

Applicable State Wage Rates

Applicable Federal Wage Rates

Applicable Environmental and Cultural Permits and Clearances

ADA Checklist

Stormwater Polution Prevention Plan

Contract Forms

NOTICE TO CONTRACTORS

Sealed bids will be received by the City of Jefferson through an electronic bidding process found at https://jeffersoncitymo.bonfirehub.com until 1:30 P.M. (prevailing local time) on Tuesday, April 9, 2026, at that time will be publicly opened and read aloud.

(1) PROPOSED WORK: The proposed work, hereinafter called the work, includes:

A 10-foot-wide concrete trail along the eastern side of Bolivar Street from just north of Missouri Boulevard to W. Main Street including the construction of the concrete trail, curb and gutter, concrete pavement, commercial drive approaches and driveways, a modular block retaining wall, monolithic toe walls, pedestrian guard railing, pedestrian warning lights and signs, pavement marking, grading, and other ancillary construction.

(2) COMPLIANCE WITH CONTRACT PROVISIONS: The bidder, having examined and being familiar with the local conditions affecting the work, and with the contract, contract documents, including the current version of the Missouri Highways and Transportation Commission's "Missouri Standard Specifications for Highway Construction," and "Missouri Standard Plans for Highway Construction" April 1, 2026 edition, their revisions, and the request for bid, including appendices, the special provisions and plans, hereby proposes to furnish all labor, materials, equipment, services, etc., required for the performance and completion of the work. All references are to the Missouri Standard Specifications for Highway Construction, as revised, unless otherwise noted.

The following documents are available on the Missouri Department of Transportation web page at www.modot.mo.gov under "Business with MoDOT" “Standards and Specifications”. The effective version shall be determined by the letting date of the project.

General Provisions & Supplemental Specifications

Supplemental Revisions to Missouri Standard Plans For Highway Construction

These supplemental bidding documents contain all current revisions to the bound printed versions and have important legal consequences. It shall be conclusively presumed that they are in the bidder's possession, and they have been reviewed and used by the bidder in the preparation of any bid submitted on this project. Additional applicable specifications and standard drawings include: City of Jefferson Standard Drawings 8th Addition, City of Jefferson Technical Specifications, City of Jefferson Standard Sanitary Sewer Specifications, and American Public Works Association Kansas City Metropolitan Chapter Division III Standard Drawings. These supplemental specifications shall be primarily used but, in their silence, the MoDOT specifications shall apply.

Please note that within the above-listed documents, the term “Commission” shall be replaced with the term, “City of Jefferson”, and the term “Engineer” is a reference to the Engineer of Record from the City of Jefferson.

The contracting authority for this contract is the City of Jefferson.

(3) PERIOD OF PERFORMANCE: If the bid is accepted, the bidder agrees that work shall be diligently prosecuted at such rate and in such manner as, in the judgment of the engineer, is necessary for the completion of the work within the time specified as follows in accordance with Sec 108:

Ninety (90) Working Days

(4) LIQUIDATED DAMAGES: The bidder agrees that, should the bidder fail to complete the work in the time specified or such additional time as may be allowed by the engineer under the contract, the amount of liquidated damages to be recovered in accordance with Sec 108 shall be as follows:

Schedule of Deductions for Each Day of Overrun in Contact Time From ($) To, and including ($) Assessment, per Day ($)

0 25,000 475 25,001 50,000 475 50,001 100,000 500

100,001 500,000 700 500,001 1,000,000 950

1,000,001 2,000,000 1,100

(5) BID GUARANTY: The bidder shall submit a Bid Bond. A sample project bid bond form is included in the bid book. This form shall be used for the submission of the bond.

(6) CERTIFICATIONS FOR FEDERAL JOBS: By signing and submitting this bid, the bidder makes the certifications appearing in Sec. 102.18.1 (regarding affirmative action and equal opportunity), Sec. 102.18.2 (regarding disbarment, eligibility, indictments, convictions, or civil judgments), Sec. 102.18.3 (regarding anti-collusion), and Sec.

102.18.4 (regarding lobbying activities). Any necessary documentation is to accompany the bid submission, as required by these sections. As provided in Sec. 108.13, the contracting authority may terminate the contract for acts of misconduct, which includes but is not limited to fraud, dishonesty, and material misrepresentation or omission of fact within the bid submission.

(7) ANTIDISCRIMINATION: The Contracting Authority hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, businesses owned and controlled by socially and economically disadvantaged individuals will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, creed, sex, age, ancestry, or national origin in consideration for an award.

(8) FEDERAL AND STATE INSPECTION: The Federal Government is participating in the cost of construction of this project. All applicable Federal laws, and the regulations made pursuant to such laws, shall be observed by the contractor, and the work will be subject to the inspection of the appropriate State or Federal Agency in the same manner as provided in Sec 105.10 of the Missouri Standard Specifications for Highway Construction with all revisions applicable to this bid and contract.

(9) PREVAILING WAGE (FEDERAL AND STATE): This contract requires payment of the prevailing hourly rate of wages for each craft or type of work required to execute the contract as determined by the Missouri Department of Labor and Industrial Relations, and requires adherence to a schedule of minimum wages as determined by the United States Department of Labor. For work performed anywhere on this project, the contractor and the contractor’s subcontractors shall pay the higher of these two applicable wage rates. The applicable state wage rates for this contract are detailed in “Annual Wage Order No. 32”, that is attached to this bidding document. The applicable federal wage rates for this contract are the effective Davis-Bacon federal wage rates posted the tenth day before the bid opening date and are attached herein.

These supplemental bidding documents have important legal consequences. It shall be conclusively presumed that they are in the bidder's possession, and they have been reviewed and used by the bidder in the preparation of any bid submitted on this project.

(10) WORKER ELIGIBILITY REQUIREMENTS: Execution of the construction contract for this project is dependent upon the awarded bidder providing an Affidavit of Compliance AND E-Verify Memorandum-of- Understanding (MOU) between the bidder and Department of Homeland Security to the Contracting Authority as required by section 285.530 RSMo. The cover page and signature page of the E-Verify MOU and the Affidavit must be submitted prior to award of this contract.

A sample Affidavit of Compliance can be found at the Missouri Attorney General’s website at the following link:

http://ago.mo.gov/forms/Affidavit_of_Compliance.pdf

All bidders must also be enrolled in the E-Verify Program, and include their MOU prior to contract execution. Bidders who are not enrolled will need to go to the following website link and select “Enroll in the Program” to get started. After completing the program, they will receive their E-Verify MOU with Department of Homeland Security. This document will need to be printed out and kept on file so that a copy can be attached to the Affidavit of Compliance.

http://www.dhs.gov/files/programs/gc_1185221678150.shtm

This requirement also applies to subcontractors and contract labor, but this contract only requires submittal of the verification documents for the prime contractor. It is the prime contractor’s responsibility to verify the worker eligibility of their subcontractors in order to protect their own company from liability as required by section 285.530 RSMo.

(11) OSHA TEN HOUR TRAINING REQUIREMENTS: Missouri Law, 292.675 RSMO, requires any awarded contractor and its subcontractor(s) to provide a ten-hour Occupational Safety and Health Administration (OSHA) Construction Safety Program (or a similar program approved by the Missouri Department of Labor and Industrial Relations as a qualified substitute) for their on-site employees (laborers, workmen, drivers, equipment operators, and craftsmen) who have not previously completed such a program and are directly engaged in actual construction of the improvement (or working at a nearby or adjacent facility used for construction of the improvement). The awarded contractor and its subcontractor(s) shall require all such employees to complete this ten-hour program, pursuant to 292.675 RSMO, unless they hold documentation on their prior completion of said program. Penalties, for Non-Compliance include contractor forfeiture to the Contracting Authority in the amount of $2,500, plus $100 per contractor and subcontractor employee for each calendar day such employee is employed beyond the elapsed time period for required program completion under

292.675 RSMO.

(12) BUY AMERICA REQUIREMENTS: Construction contracts shall assure compliance with Section 165 of the Surface Transportation Assistance Act of 1982, Section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, 23 CFR 635.410, and the Bipartisan Infrastructure Law (2021) Build America, Buy America Act Publication L. No. 117-58 regarding Buy America provisions on the procurement of foreign products and materials. On all contracts involving Federal-aid, all products of iron, steel, or a coating of steel which are incorporated into the work must have been manufactured in the United States. Construction materials consisting primarily of non-ferrous metals, plastic and polymer-based products, glass, lumber, or drywall also require Buy America certification. Cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives are excluded from this requirement. In addition, manufactured products are currently exempted under the 1983 waiver from FHWA.

The Contracting Authority may allow minimal amounts of these materials from foreign sources, provided the cost does not exceed 0.1 percent of the contract sum or $2,500, whichever is greater. The Contractor certifies that these materials are of domestic origin. Additional information regarding the “Buy America” requirements can be found at:

https://www.fhwa.dot.gov/construction/cqit/buyam.cfm

(13) ADDENDUM ACKNOWLEDGEMENT: The undersigned states that the all addenda (if applicable) have been received, acknowledged and incorporated into their bid, prior to submittal.

(14) SIGNATURE AND IDENTITY OF BIDDER: The undersigned states that the following provided information is correct and that (if not signing with the intention to bind themselves to become the responsible and sole bidder) they are the agent of, and they are signing and executing this, as the bid of

______________________________________________________________________________________, which is the correct LEGAL NAME.

a) The organization submitting this bid is a(n) (1) individual bidder, (2) partnership, (3) joint venturer (whether individuals or corporations, and whether doing business under a fictitious name), or (4) corporation. Indicate by marking the appropriate box below.

sole individual partnership joint venture corporation, incorporated under laws of state of _______________________________________.

b) If the bidder is doing business under a fictitious name, indicate below by filling in the fictitious name

Executed by bidder this day of 20 .

THE BIDDER CERTIFIES THAT THE BIDDER AND ITS OFFICIALS, AGENTS, AND EMPLOYEES HAVE NEITHER DIRECTLY NOR INDIRECTLY ENTERED INTO ANY AGREEMENT, PARTICIPATED IN ANY COLLUSION, OR OTHERWISE TAKEN ANY ACTION IN RESTRAINT OF FREE COMPETITIVE BIDDING IN CONNECTION WITH THIS BID, AND THAT THE BIDDER INTENDS TO PERFORM THE WORK WITH ITS OWN BONAFIDE EMPLOYEES AND

SUBCONTRACTORS, AND DID NOT BID FOR THE BENEFIT OF ANOTHER CONTRACTOR.

THE BIDDER ACKNOWLEDGES THAT THIS IS AN UNSWORN DECLARATION, EXECUTED UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES AND/OR FALSE DECLARATION UNDER THE LAWS OF MISSOURI, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS. THE FAILURE TO PROVIDE THIS CERTIFICATION IN THIS BID MAY MAKE THIS BID NON-RESPONSIVE, AND CAUSE IT TO BE REJECTED.

THE BIDDER CERTIFIES THAT THE BIDDER'S COMPANY KNOWINGLY EMPLOYS ONLY INDIVIDUALS WHO ARE AUTHORIZED TO WORK IN THE UNITED STATES IN ACCORDANCE WITH APPLICABLE FEDERAL AND STATE LAWS AND ALL PROVISIONS OF MISSOURI EXECUTIVE ORDER NO. 07-13 FOR CONTRACTS WITH THE CONTRACTING

AUTHORITY.

Check this box ONLY if the bidder REFUSES to make any or all of these certifications. The bidder may provide an explanation for the refusal(s) with this submittal.

Signature of Bidder’s Owner, Officer, Partner or Authorized Agent

Please print or type name and title of person signing here

Attest:

Secretary of Corporation if Bidder is a Corporation

Affix Corporate Seal (If Bidder is a Corporation)

NOTE: If bidder is doing business under a fictitious name, the bid shall be executed in the legal name of the individual, partners, joint ventures, or corporation, and registration of fictitious name filed with the secretary of state, as required by sections 417.200 to 417.230 RSMo. If the bidder is a corporation not organized under the laws of Missouri, it shall procure a certificate of authority to do business in Missouri, as required by section 351.572 et seq RSMo. A certified copy of such registration of fictitious name or certificate of authority to do business in Missouri shall be filed with the Missouri Highways and Transportation Commission, as required by the standard specifications.

(15) TRAINEES: By submitting this bid, the bidder certifies that the bidder is familiar with the Training Provision in the Missouri Highways and Transportation Commission’s “General Provisions and Supplement Specifications” which are available on the Missouri Department of Transportation web page at www.modot.mo.gov under "Business with MoDOT" “Standards and Specifications”. The number of trainee hours provided under this contract will be 0 slots at 1000 hours per slot or 0 hours.

(16) SUBCONTRACTOR DISCLOSURE: Requirements contained within Sec 102.7.8 of the Missouri

Standard Specification for Highway Construction shall be waived for this contract.

(17) PROJECT AWARD: This project will be awarded to the lowest, responsive, responsible bidder.

(18) MATERIALS INSPECTIONS: All technicians who perform, or are required by the FHWA to witness, such sampling and testing shall be deemed as qualified by virtue of successfully completing the requirements of EPG 106.18 Technician Certification Program, for that specific technical area.

(19) PRIME CONTRACTOR REQUIREMENTS: The limitation in Sec 108.1.1 of the Missouri Standard Specifications for Highway Construction that "the contractor's organization shall perform work amounting to not less than 40 percent of the total contract cost" is waived for this contract. Instead, the less restrictive terms of the Federal Highway Administration's rule at Title 23 Code of Federal Regulations (CFR) § 635.116(a) shall apply, so that the contractor must perform project work with its own organization equal to and not less than 30 percent of the total original contract price.

All other provisions in Sec 108.1.1 et seq. of the Missouri Standard Specifications for Highway Construction shall remain in full force and effect, and shall continue to govern the contractor and its subcontractors, in accordance with the provisions of Title 23 CFR § 635.116.

(20) SALES AND USE TAX EXEMPTION: The City of Jefferson, a tax exempt entity, will furnish a Missouri Project Exemption Certificate as described in Section 144.062 RSMo to the awarded contractor who in turn may use the certificate to purchase materials for a specific project performed for the tax exempt entity. Only the materials and supplies incorporated or consumed during the construction of the project are exempt. The certificate will be issued to the contractor for a specific project for a defined period of time.

ITEMIZED BID: The bidder should complete the following section in accordance with Sec 102.7. The bidder proposes to furnish all labor, materials, equipment, services, etc. required for the performance and completion of the work, as follows:

CITY OF JEFFERSON

ITEMIZED BID FORM

ITEM

NO. DESCRIPTION UNIT

APPROX.

QUANTITY

UNIT

PRICE AMOUNT

1 Mobilization LS 1

2 Traffic Control Phase 1 LS 1

3 Traffic Control Phase 2 LS 1

4 Traffic Control Phase 3 LS 1

5 Traffic Control Phase 4 LS 1

6 Straw Wattles LF 150

7 Inlet Protection EA 7

8 Removals LS 1

9 Earthwork LS 1

10 Rock Excavation QY 10

11 Temporary Driveway LS 1

12 Stormwater Junction Box Modification LS 1

13 4' Dia. Sanitary Sewer Manhole EA 1

14 Downspout Drain LS 1

15 Irrigation System Supply Pipe LF 642

16 Irrigation System Sprinker Heads EA 23

17 Solid Block Modular Block Wall SFF 120

18 Cap Block for Solid Block Wall LF 55

19 Sub Grade Stabilization TON 130

20 3" Thick Compacted Stone Base SY 2003

21 Type "A" Curb and Gutter LF 426

22 4" Thick Concrete Sidewalk SY 114

23 6" Thick Concrete Trail SY 1531

24 Monolithic Concrete Toe Wall LF 75

25 6" Thick Concrete Trail/Sidewalk Ramps SY 178

BOLIVAR STREET SIDEPATH

PROJECT NO. 32193

STATE PROJECT NO. TAP - 3101 (508)

ITEM

NO. DESCRIPTION UNIT

APPROX.

QUANTITY

UNIT

PRICE AMOUNT

26 Detectable Warning Panels SF 140

27 Pedestrian/Bicycle Guard Railing LF 90

28 8" Thick PCC Commercial Approach SY 134

29 6" Thick PCC Commercial Driveway SY 96

30 7" Thick Concrete Pavement SY 176

31 8" Thick PCC Approach, High Early Strength SY 19

32 6" Thick PCC Driveway, High Early Strength SY 35

33 Pedestrian Crossing Light Base EA 2

34 Pedestrian Crossing Light Assembly EA 1

35 W11-2 Sign 30" x 30" EA 2

36 W16-9P Sign 24" x 12" EA 2

37 2" x 2" Square Perforated Steel Post EA 2

38 Relocate Street Sign EA

39 Pavement Marking Removal LS 1

40 24" Wide White Pavement Marking LF 152

41 Yield Bar Pavement Marking EA 6

42 4" Yellow Pavement Marking LF 50

43 Railroad Pavement Symbol EA 1

44 Seeding and Mulching LS 1

TOTAL BASE BID

Signature of Bidder Date

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,__________________________________________________as Principal, and______________________________________________as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum of____________________________________________for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, this______day of___________, 20 ____.

The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the project entitled:

"Project No. 32193, Bolivar Street Sidepath"

NOW, THEREFORE,

(a) If said Bid shall be rejected, or in the alternate,

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

_________________________________(L.S.)

Principal

By:_________________________________

SEAL

Surety

By: _________________________________

Project No. __TAP-3101 (508)___________________________

Bidder’s List Quote Summary

MoDOT and its subrecipients are recipients of federal funds and are required by 49 CFR 26.11, to provide data about its DBE program. The information listed below shall include the names of subcontractors, material suppliers, and service providers (e.g. hauling) and the corresponding NAICS codes for each firm, which may be obtained by using the search function at the following link:

https://www.census.gov/naics/. Lastly, indicate if the firm’s quote was used in the bid by Y or N.

Additional sheets may be used. This information must be submitted with the bid.

Contractor Name: _

Contractor Signature: _______________________ Date: _____________

Subcontractors, Material Suppliers, and Service Providers (e.g. Hauling) Used & Quoted

NAICS Code(s) Used

(Y/N)

DBE Submittal Forms - LPA

(6) DBE Submittal Forms: This form must be submitted by 4 p.m. three (3) business days after bid opening.

You may also use the Excel version located at:

https://epg.modot.org/forms/CM/DBE_Identification_Submittal_Form_LPA_Excel.xlsm

(A) DBE Contract Goal: By submitting this bid, the bidder certifies that the bidder is familiar with the DBE Program Requirements in this contract. The contract DBE goal for the amount of work to be awarded is 0.0% of the total federal project price. The bidder shall also complete the DBE Submittal Form in accordance with the program requirements.

(B) DBE Participation: The bidder certifies that it will utilize DBE's as follows:

% OF TOTAL FEDERAL CONTRACT

NOTE: Bidder must fill in the above blank. If no percentage is specified, the bidder certifies that it agrees to, and will comply with the contract goal. If a percentage below the contract goal is specified, then the bidder must submit complete documentation of good faith efforts to meet the DBE contract goal, immediately below.

(C) Certification of Good Faith Efforts to Obtain DBE Participation: By submitting its signed bid, the bidder certifies under penalty of perjury and other provisions of law, that the bidder took each of the following steps to try to obtain sufficient DBE participation to achieve the Commission's proposed DBE Contract Goal: (Attach additional sheets if necessary).

DBE Identification Submittal Form

(For Local Program Agency (LPA) Projects)

Job Number: TAP-3101 (508)

Route: Bolivar Street County: Cole

Prime Contractor: Contract Amount:

Identification of Participating DBE’s: Provide the requested information below for each DBE participating on the project.

Submit this information with your bid or no later than 4:00 p.m. on the 3rd business day after the bid opening. Contact MoDOT's Business Development and Compliance (BDC) Division at (573) 526-2978 for questions and assistance on completion. This page of this document must be received for each DBE utilized on the project. A DBE Regular Dealer/Distributor Affirmation Form is required for each DBE firm submitted as a regular dealer or distributor.

All information must be provided.

If awarded the contract for this project, the undersigned will use the following DBE to perform or furnish the work, supplies, and/or services as shown below:

DBE Name: Address:

**Cannot exceed contract amount for given item of work Trucking services credited at 100% if the DBE owns the trucks or is leasing from a DBE firm Allowed amount of participation will be in accordance with 49 CFR Part 26.

Supplier Affirmation Form required for all DBE firms submitted as suppliers.

Brokered services will only receive credit for fees.

Respectfully submitted:

Company Name (Prime Contractor) Name / Title

Signed (Prime Contractor)

Form BDC-101 (Rev. 01/2025)

(A) Line No.

(B) Dollar Value of DBE Work**

(Unit Price x Quantity of the Item in (A), or Lump Sum)

(C) Dollar value applicable to DBE Goal** (40%, 60%, 100%)

(D) Dollar amount applicable to DBE Goal

( B x C )

(E) Percent of total contract amount for line item (D / total contract amount)

DBE Total: Total %

Instructions for Completing the DBE Identification Submittal Form

(For Local Program Agency (LPA) Projects)

(BDC-101)

Submit this form with your bid or as outlined on front of page no later than 4:00 p.m. on the 3rd working day after the bid opening. Only DBE's listed in MoDOT's Missouri Regional Certification Committee (MRCC) directory may be used towards obtaining the DBE goal on the project. DBE firm must be certified with the appropriate North American Industrial Classification System (NAICS) code for the type of work being utilized to perform. The MRCC directory is available at the following link under the MRCC Directory tab: https://www.modot.org/welcome-business-development-and-compliance.

(A) Insert Bid Line Item in the same order as it appears in the bid document.

(B) Insert the result from multiplying the unit price for the bid line item by the quantities listed in column (A); a lump sum, if applicable, may also be inserted.

(C) Insert the percentage of column (B) that the DBE will perform. If the DBE is a distributor as that term is defined in 49

CFR Part 26.55, then only 40% of the value in column (B) can be applied towards the contract specific goal. If the DBE is a supplier as that term is defined in 49 CFR Part 26.55, then only 60% of the value in column (B) can be applied towards the contract specific goal. A Supplier Affirmation Form is required for each DBE firm submitted as a supplier. A copy of this form is provided on the next page. If the DBE is furnishing and installing the line item, then 100% of the value can be applied.

(D) Insert the result from dividing columns (B) and (C).

(E) Insert the result from dividing column (D) from the total bid line item amount.

U.S. Department of Transportation

Affirmation Form Contract Name/Number:

DBE Regular Dealer/Distributor Bidder Name:

Sections 26.53(c)(1) of Title 49 Code of Federal Regulations requires recipients to make a preliminary counting determination for each DBE listed as a regular dealer or distributor to assess its eligibility for 60 or 40 percent credit, respectively, of the cost of materials and supplies based on its demonstrated capacity and intent to perform as a regular dealer or distributor, as defined in section 26.55(e)(2)(iv)(A),(B),(C), and (3) under the contract at issue. The regulation requires the recipient's preliminary determination to be made based on the DBE’s written responses to relevant questions and its affirmation that its subsequent performance of a commercially useful function will be consistent with the preliminary counting of such participation. The U.S. Department of Transportation is providing this form as a tool for recipients, prime contractors, regular dealers, and distributors to use to carry out their respective responsibilities under this regulation. The form may be used by each DBE supplier whose participation is submitted by a bidder for regular dealer or distributor credit on a federally-assisted contract with a DBE participation goal. The form may also be used by prime contractors in connection with DBE regular dealer or distributor participation submitted after a contract has been awarded provided such participation is subject to the recipient's prior evaluation and approval. If this form is used, it should be accompanied by the bidder's commitment, contract, or purchase order showing the materials the DBE regular dealer or distributor is supplying. Use of this tool is not mandatory. If a recipient chooses a different method for complying with Section 26.53(c)(1), it must include that method in its DBE Program Plan.

1. Will all items sold or leased be provided from the on-hand inventory at your establishment? ☐ YES ☐ NO (If “YES,” you have indicated that your performance will satisfy the regular dealer requirements and may be counted at 60%. STOP here. Read and sign the affirmation below. If “NO” Continue.)

a) Are you selling bulk items (e.g., petroleum products, steel, concrete, concrete products, sand, gravel, asphalt, etc.) or items not typically stocked due to their unique characteristics (aka specialty items)?

☐ YES ☐ NO (If "YES," Go to Question 2. If "NO" Continue.)

b) Will at least 51% of the items you are selling be provided from the inventory maintained at your establishment, and will the minor quantities of items delivered from and by other sources be of the general character as those provided from your inventory?

☐ YES ☐ NO* (If "YES," you have indicated that your performance will satisfy the regular dealer requirements and may be counted at 60%. STOP here. Read and sign the affirmation below.

*If 1.,1.a), and 1. b) above are "NO," your performance on the whole will not satisfy the regular dealer requirements;

therefore, only the value of items to be sold or leased from inventory can be counted at 60%. (Go to Question 3. to determine if the items delivered from and by other sources are eligible for Distributor credit.)

2. Will you deliver all bulk or specialty items using distribution equipment you own (or under a long-term lease) and operate?

☐ YES ☐ NO1

(If "YES," you have indicated that your performance will satisfy the requirements for a regular dealer of bulk items and may be counted at 60%. STOP here. Read and sign the affirmation below.)

1 If "NO," your performance will not satisfy the requirements for a regular dealer of bulk items; the value of items to be sold or leased cannot be counted at 60%. (Go to Question 3.)

3. Will the written terms of your purchase order or bill of lading from a third party transfer responsibility, including risk for loss or damage, to your company at the point of origin (e.g. a manufacture's facility) ? ☐ YES2 ☐ NO3

a) Will you be using sources other than the manufacturer (or other seller) to deliver or arrange delivery of the items sold or leased? ☐ YES2 ☐ NO3

2 If your responses to 3 and 3.a) are "YES," you have indicated that your performance will satisfy the requirements of a distributor;

therefore, the value of items sold or leased may be counted at 40%.

3 If you responded "NO" to either 3 or 3.a), counting of your participation is limited to the reasonable cost of fees or commissions charged, including transportation charges for the delivery of materials or supplies; the cost of materials or supplies may not be counted.

I affirm that the information that I provided above is true and correct and that my company's subsequent performance of a commercially useful function will be consistent with the above responses. I further affirm that my company will independently negotiate price, order specified quantities, and pay for the items listed in the bidder's commitment. This includes my company's responsibility for the quality of such items in terms of necessary repairs, exchanges, or processing of any warranty claims for damaged or defective materials.

Printed Name and Signature of DBE Owner/Authorized Representative:

The bidder acknowledges its responsibility for verifying the information provided by the DBE named above and ensuring that the counting of the DBE's participation is accurate. Any shortfall caused by errors in counting are the responsibility of the bidder.

Printed Name and Signature of Bidder's Authorized Representative:

DBE Name: Total Subcontract/Purchase Order Amount:

Authorized DBE Representative (Name and Title): NAICS Code(s) Related to the Items to be Sold/Leased:

Fig 136.9.8 - 1 - April 2025

DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM REQUIREMENTS

FOR LOCAL PROGRAMS

1.0 Program Applicability. The subsequent sections will apply only to contracts involving U.S. Department of Transportation (USDOT) federal-aid or federal funded participation. Federal-aid or federal funded participation includes, but is not limited to, any funds directly or indirectly received by MoDOT, or authorized for distribution to or through MoDOT, by the USDOT or any operating administration within the USDOT.

These provisions will not apply to contracts funded exclusively with state funds, or state and local funds. Any contractor, subcontractor, supplier, DBE firm, and contract surety involved in the performance of a federal-aid contract shall be aware of and fully understand the terms and conditions of the USDOT DBE Program, as the terms appear in Title 49 CFR Part 26 (as amended), the USDOT DBE Program regulations; Title 7 CSR Division 10, Chapter 8 (as amended), and the Commission’s DBE Program rules.

2.0 DBE Program Distinguished From Other Affirmative Action Programs. The USDOT DBE Program established by the U.S. Congress is not the same as, and does not involve or utilize, any of the elements or authority of other state or local affirmative action programs, nor does the program rely upon state legislation or gubernatorial executive orders for implementation or authorization, other than the general authority given the Commission in Section 226.150, RSMo. The USDOT DBE Program is implemented by the Commission and MoDOT, through and in conjunction with the FHWA, FTA and FAA, as a “recipient” defined in Title 49 CFR 26.5.

3.0 Policy Regarding DBE Firms. It is the policy of the U. S. Department of Transportation and MoDOT that businesses owned by socially and economically disadvantaged individuals have an opportunity to participate in the performance of contracts funded in whole or in part with federal funds. Consequently, the requirements of 49 CFR Part 26 (as amended) and the Commission's implementing state regulations in Title 7 CSR Division 10, Chapter 8, "Disadvantaged Business Enterprise Program", will apply to any contract funded in whole or part with federal funds.

4.0 Opportunity for DBEs to Participate. Each contractor, subcontractor and supplier working on a contract funded in whole or in part with federal funds shall take all necessary and reasonable steps to ensure that DBEs have an opportunity to compete for and participate in performance on project contracts and subcontracts in which a DBE goal is established.

5.0 Required Contract Provision. The federal-aid contract will include the following provision, as mandated by USDOT at Title 49 CFR 26.13(b):

(a) The contractor, subrecipient or subcontractor shall not discriminate based on race, color, religion, national origin, or sex in the performance of the contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of the contract, which may result in the termination of the contract or such other remedy, as the recipient deems appropriate.

Fig 136.9.8 - 2 - April 2025

In this provision, “contractor” will be defined as the contractor on the contract; sub-contractor, or material supplier performing the work on or for the project. For the purposes of any federal-aid contract awarded by the Local Public Agency (LPA), they will be designated as “the recipient”. The contractor shall include this same contract provision in every supply contract or subcontract the contractor makes or executes.

6.0 DBE Program Information. DBE Program information may be obtained from the MoDOT Business Development & Compliance Division, 105 W. Capitol Avenue, P.O.

Box 270, Jefferson City, Missouri 65102-0270. Phone (573) 751-7801, Fax (573) 526- 0558, E-Mail: dbe@modot.mo.gov. It will be the duty of each contractor, and for the contractor’s subcontractors to take the steps necessary to determine the legal obligations and limitations under the DBE Program, as an element of responsibility. It will be the duty of each certified DBE firm to know, understand and comply with the DBE firm’s legal obligations and limitations under the DBE Program, as a requirement of program participation.

7.0 DBE Certification, and the Missouri Unified Certification Program. MoDOT and other certifying agencies within Missouri have partnered to form the Missouri Regional Certification Committee (MRCC) and developed a Unified Certification Program (UCP) pursuant to 49 CFR 26.81 and 7 CSR 10-8.061. Only DBE firms certified by the MRCC are eligible to perform work on a federal-aid contract for DBE contract goal credit. It is the contractor’s responsibility to ensure firms identified for participation are approved certified DBE firms.

The MRCC DBE Directory can be found at the following link:

https://www.modot.org/welcome-business-development-and-compliance

8.0 DBE Program-Related Certifications Made By Bidders and Contractors. If the bidder makes a written, express disclaimer of one or more certifications or assurances in the bid, the bid will be considered non-responsive. By submitting a bid on any project involving USDOT federal financial participation, and by entering into any contract on the basis of that bid, the contractor makes each of the following DBE Program-related certifications and assurances to USDOT, to the Commission, to MoDOT, and to the LPA:

(a) The bidder certifies that management and bidding officers have reviewed and understand the bidding and project construction and administration obligations of the USDOT DBE Program regulations at Title 49 CFR Part 26 (as amended), and the Commission’s DBE Program rules at Title 7 CSR Division 10, Chapter 8 (as amended).

(b) The bidder agrees to ensure that certified DBE firms have a full and fair opportunity to participate in the performance of the contract financed in whole or in part with federal funds. The bidder certifies that all necessary and reasonable steps were taken to ensure that DBE firms have an opportunity to compete for, and perform work on the contract. The bidder further certifies that the bidder not discriminate on the basis of

Fig 136.9.8 - 3 - April 2025 race, color, age, national origin or gender in the performance of the contract, or in the award of any subcontract.

(c) The bidder certifies that if awarded the federal-aid contract, the contractor will make a good faith effort to utilize certified DBE firms committed to with the awarded contract.

(d) The bidder certifies, that if awarded the federal-aid contract with an approved DBE Good Faith Effort, the bidder will at a minimum achieve any DBE participation committed at time of bid as well as make good faith efforts to obtain additional DBE participation throughout the life of the project. Any liquidated damages at the completion of the project will be assessed contingent on the awarded bidders efforts in obtaining DBE participation.

(e) The bidder understands and agrees that if awarded the contract the contractor is legally responsible to ensure that the contractor and each DBE, comply fully with all regulatory and contractual requirements of the USDOT DBE Program, and that each DBE firm participating in the contract fully perform the designated tasks, with the DBE’s own forces and equipment, under the DBE’s own direct supervision and management.

The bidder certifies, that if awarded the contract and if MoDOT or the Commission determine that the contractor, a DBE or any other firm retained by the contractor has failed to comply with the DBE Program requirements or federal or state DBE Program regulations, the Commission, through MoDOT, shall have the sole authority and discretion to determine the extent of the monetary value to which the DBE contract goals have not been met at the project completion, and to assess against and withhold monetary damages from the contractor up to the full amount of that breach. The bidder further understands and agrees that this clause authorizes the Commission, through MoDOT, to determine and fix the extent of the damages caused by a breach of any contractual or regulatory DBE Program requirement and that the damage assessment will be enforced in addition to, and not in lieu of, any other general liquidated damages clause in the contract. By submitting a bid for a federal-aid contract, the bidder irrevocably agrees to such an assessment of liquidated damages for DBE Program purposes, and authorizes the Commission and MoDOT to make such an assessment of liquidated damages against the contractor, and to collect that assessment from any sums due the contractor under the contract, or any other contract, or by other legal process. The bidder makes this certification, agreement and authorization on behalf of itself, for each federal-aid contract.

9.0 Designation of DBE firms to perform on contract. The bidder states and certifies that the DBE participation information submitted in the bid or within the contract designated time is true, correct and complete and that the information provided includes the names of all DBE firms that will participate in the contract, the specific line item (s) that each DBE firm will perform or partially perform, and the creditable dollar amounts of the participation of each DBE. The specific line item must reference the bid line number and item number contained in the proposal. The bidder further states and certifies that the bidder has committed to use each DBE firm listed for the work shown to

Fig 136.9.8 - 4 - April 2025 meet the DBE contract goal and that each DBE firm listed has clearly confirmed to the bidder that the DBE firm will participate in and perform the work, with the DBE’s own forces.

(a) The bidder…